is estate of deceased spouse able to receive award of PERS from Divorce

To date, PERS has stated that when a spouse dies, the spousal share of the PERS pension reverts to the member.  This is their policy despite a Nevada Supreme Court case called Wolff that says that the spousal interest goes to the spouse's survivors.  There is another case before the Court now (Henson) asking the Court to take notice of that policy and consider doing something about it, but it is unknown whether the Court will act.  There are very few lawyers well informed on this topic; if you want to know how it develops, have the estate administrator or attorney contact our office, and we will keep you updated on whether and how it is addressed by the Court.